Jan-Feb Information Item 5

2013-2017 Rule Review Plan for State Board of Education Rules

February 3, 2017

STATE BOARD OF EDUCATION: INFORMATION

SUMMARY: This item outlines the rule review plan for State Board of Education (SBOE) rules during the period of September 2013 through August 2017. Texas Government Code, §2001.039, requires an ongoing four-year rule review of existing state agency rules, including SBOE rules. The rule review requirement is designed to ensure that the reason for initially adopting or readopting a rule continues to exist.

BACKGROUND INFORMATION AND SIGNIFICANT ISSUES: Senate Bill (SB) 178, 76th Texas Legislature, 1999, amended the Texas Government Code by adding §2001.039, which requires the review of existing state agency rules. The rule review requirement in Texas Government Code, §2001.039, is designed to ensure that the reason for adopting or readopting the rule continues to exist.

The 2013-2017 SBOE rule review plan reflected in Attachment I repeats the cycle of review that was conducted during the 2009-2013 SBOE rule review with the addition of new rules that took effect subsequent to the adoption of that plan. The 2013-2017 plan is the fifth rule review cycle of SBOE rules.

In accordance with Texas Education Code, §28.002(m), the Texas Essential Knowledge and Skills (TEKS) are exempt from the rule review requirement and are not included in the 2013-2017 rule review plan. The TEKS were also exempt from previous rule review plans. Although the TEKS will not be reviewed as part of the rule review process, the SBOE conducts a review of the curriculum content on a schedule determined by the SBOE designed to align the adoption of textbook proclamations with amendments to the TEKS.

Revisions to Rule Review Plan. The 2013-2017 SBOE rule review plan was approved at the November 2012 SBOE meeting and will appear on an ongoing basis in the information pages of each SBOE agenda until completion. Any necessary modifications to the plan will appear in the information pages of the SBOE agenda along with the ongoing report.

In July 2013, the plan was updated to change the date to begin the review of Chapter 74, Curriculum Requirements, to coordinate the rule review process with changes due to legislation passed by the 83rd Texas Legislature, 2013. The plan was also updated in July 2013 to change the date to begin the review of Chapter 109, Budgeting, Accounting, and Auditing, to coincide with the 2014 SBOE meeting schedule.

In April 2014, the plan was updated to change the date to begin the review of Chapter 61, School Districts, to coordinate the rule review process with an amendment to 19 TAC §61.1, Continuing Education for School Board Members.

Also in April 2014, the plan was modified to remove Chapter 89, Adaptations for Special Populations, Subchapter B, Adult Basic and Secondary Education, since the subchapter was repealed and, therefore, was not subject to review. The repeal was necessary due to the repeal of the subchapter's authorizing statute by SB 307, 83rd Texas Legislature, Regular Session, 2013, which transferred all functions, duties, appropriations, and responsibilities for state and federal adult education and literacy programs from the Texas Education Agency to the Texas Workforce Commission.

In April 2015, the plan was modified to remove Chapter 102, Educational Programs, Subchapter A, Grants, §102.1, State Engineering and Science Recruitment Fund (SENSR) Grant Program, since the rule was repealed and, therefore, was not subject to review. The repeal was necessary due to the repeal of the rule's authorizing statute by SB 215, 83rd Texas Legislature, Regular Session, 2013.

In November 2016, the plan was updated to change the date to begin the review of Chapter 109, Budgeting, Accounting, and Auditing, Subchapters A-D, from April 2018 to January 2017 to coordinate the rule review process with an amendment to 19 TAC §109.51, Uniform Bank Bid or Proposal Form. Chapter 109 was previously reviewed in April 2014 under the same review cycle.

Rule Review Procedures. Secretary of State rules specify the following two-step review process to implement the rule review requirement in the Texas Government Code, §2001.039:

1. a Notice of Proposed Review (Intention to review) that announces a public comment period for comments on whether the reason for adopting or readopting the rules continues to exist (see example in Attachment II); and

2. a Notice of Adopted Review (Readoption) that summarizes the public comments received, if any, in response to the notice of proposed review and provides a response to each comment (see examples in Attachment II).

The rule review process for SBOE rules is illustrated in this item using three examples. These examples present the following points: (1) if no amendments are recommended to rules under review, the item presenting the adoption of the review will complete the rule review process and no further action will be necessary; and (2) if amendments are recommended to rules under review, the item presenting the adoption of the review will complete the rule review process and the amendments will be presented as a separate item under the standard rulemaking process.

Example 1. Rule Review with No Changes

January SBOE Meeting	SBOE Committee (discussion)	Discussion item that briefly describes the rule and specifies that no changes are being recommended.
	Texas Register	After the SBOE meeting, staff files Notice of Proposed Review (see Attachment II).
April SBOE Meeting	SBOE Committee and Full SBOE	Action item that presents a summary of comments received, if any, from Notice of Proposed Review. The SBOE authorizes filing the Notice of Adopted Review, noting that no changes are being proposed to the rule as a result of the review.
	Texas Register	After the SBOE meeting, staff files Notice of Adopted Review that states the rule will continue to exist without changes (see Attachment II).
END OF REVIEW PROCESS (no item at June SBOE Meeting)

Example 2. Rule Review with Changes

January SBOE Meeting	SBOE Committee (discussion)	Discussion item that briefly describes the rule, outlines issues to be considered, and specifies anticipated changes to the rule.
	Texas Register	After the SBOE meeting, staff files Notice of Proposed Review (see Attachment II).
April SBOE Meeting	SBOE Committee and Full SBOE (first reading)	Separate action items are included in the agenda: one that presents comments received, if any, from Notice of Proposed Review and one that provides the SBOE the opportunity to propose amendments. The SBOE authorizes filing the Notice of Adopted Review and approves the proposed amendments for first reading and filing authorization.
	Texas Register	After the SBOE meeting, staff files proposed amendments and the Notice of Adopted Review that states the rule will continue to exist and changes are being proposed (see Attachment II).
END OF REVIEW PROCESS
June SBOE Meeting	SBOE Committee and Full SBOE (second reading)	Action item that presents the proposed amendments for second reading and final adoption. Item includes a summary of comments, if any, on proposed amendments.
	Texas Register	After the SBOE meeting, staff files adopted amendments.
END OF AMENDMENT PROCESS

Example 3. Repeal of Rule under Review

January SBOE Meeting	SBOE Committee (first reading)	Action item that presents the proposed repeal of rule. SBOE approves proposed repeal for first reading and filing authorization.
	Texas Register	After the SBOE meeting, staff files proposed repeal. No Notice of Proposed Review required for repeals.
April SBOE Meeting	SBOE Committee and Full SBOE (second reading)	Action item that presents the proposed repeal of rule for second reading and final adoption.
	Texas Register	After the SBOE meeting, staff files adopted repeal.
END OF REPEAL PROCESS

PUBLIC COMMENTS: None.

OTHER COMMENTS AND RELATED ISSUES: None.

Staff Member Responsible:
Cristina De La Fuente-Valadez, Director
Rulemaking

Attachments:
I. 2013-2017 Rule Review Plan for State Board of Education Rules (PDF, 31KB)
II. Sample Notices of Proposed Review and Adopted Review (PDF, 19KB)